Cussedness Corner

"My work may be garbage but it's good garbage." Mickey Spillane

phoenix fire publishing contract


This is a copy of the contract that was never signed by Beth Wright.

Phoenix Fire Publishing

address removed, but saved. I’m going to give Tabetha a phone call

Publishing Contract

This publishing agreement is entered into and effective on the date signed by both parties, initialized between ______________ herein known as Author and Phoenix Fire Publishing herein known as publisher, concerning work presently known as ______________ herein called the work.

The contract is considered legal and binding in all countries. If there should be any legal dispute the laws of the state of Texas shall apply.

Author Warranties:

  1. The Author hereby represents and warrants to the Publisher the following:
    1. She/He (they are) is the Author and sole owner of the work, or has been assigned exclusive rights to the work.
    2. The work is original and no part of the work was taken or based on any other literary, dramatic, musical, film, or graphic arts, except as identified in the writing by the Author.
    3. The work does not infringe upon any copyright, privacy rights, rights of a third party, or any common law or stator law.
    4. The work is not the public domain and has not been published in any format with any company that may still own the rights to the work.
    5. The Author holds the power of Authority to grant these rights.
    6. If the work has been previously published in whole or part, the Author currently holds all copyrights to the work and is legally permitted to enter this agreement.
    7. The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the work or the Author.
    8. Author agrees to hold Publisher harmless and indemnify the Publisher against any claim, demand, action, suit, proceeding or any expense whatsoever, arising for claims of infringement of copyright of proprietary rights, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from the publication or any matter pertaining to the work.
    9. Author warrants that they will not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights granted to the Publisher during the term of this contract.
    10. Should this title be part of a series, Author guarantees Publisher first option on the rest of the series or on any title in which the characters appear.
    11. If Publisher requests rewrites of the Author, Author guarantees prompt responses to all correspondence either electronic or paper. If a rewrite deadline is give and Author does not acknowledge the deadline within 3 days or keep the deadline this contract may be terminated.

Grantor of Rights:

A. The Author on behalf of himself/herself and his or her heirs executors, administrators, successors, and assignees, agrees to grant the Publisher exclusive rights to produce and sell the work in print and electronic format(including email, download, disk, CD, or any other digital format known or to be invented).

B. The Author may request their book to be put into POD (Print on Demand) at the author’s expense. Author agrees to pay printing cost to the publisher prior to the publisher submitting and ordering the work to be printed.

  1. The Createspace fee is $42.50 which includes; ISBN, Expanded Distribution, and one proof copy (per title).

II. The Cover Art Fee of $20.00 which will be paid directly to the cover artist and receipt of payment must be given to Phoenix Fire Publishing to show cover art has been paid in full to the artist.

C. The Publisher will provide Phoenix Fire approved editors. If the Author does not want the Phoenix Fire editors to provide the editing services then the Author will be fully responsible to pay for and provide their own editing for their manuscript.

D. The Author agrees to cooperate with the editor, design team, and to meet all deadlines set by the editor, design team and the Publisher.

Terms of Contract:

  1. All rights will be exclusive for 2 years from the publication date of the manuscript. At the end of the contract term it may be renewed for an additional 2 years if both parties are in agreement. If the Author wishes the contract to continue Author needs to contract Publisher in writing at least 30 days prior ro the expiration of the contract.
  2. The Publisher holds the rights to set the price of the work put said work on sale, lower the price of the work if it is not selling copies. If the title has not sold any copies in 1 month the Publisher will automatically lower the price of the book. If at the end of 3 months no copies have sold the Publisher has the right to remove the work and void this contract at which time all rights would revert to the Author.
  3. Upon breach of contract, the contract may be terminated by either party with a 30 day written notice. Notification of breach and intention to terminate the contract is to be delivered by certified mail, email, or other receipted delivery service. If breaching party corrects breach within 30 days the contract shall continue to remain in place until its natural expiration. Upon expiration of the contract term all rights granted to the Publisher will revert back to the Author when the release form and slander disclaimer is signed and returned.
  4. Author may petition the Publisher to terminate the contract at any time during the term of the contract but it will cost the Author $350.00 for editing and formatting, which is not limited to PR, book trailers, swag gifts, and any additional work the Publisher may have done. This will be the total fee to terminate the contract before the two years has ended.

Royalties and Statements:

  1. Publisher and Author will mutually set the retail price of the work based on length and comparable works. Publisher agrees to pay the Author  a royalty of 50% of the retail E Book price. Publisher agrees to pay 60% royalty of the retail print price.
  2. Royalties shall be calculated and paid no later than 45 days following the end of each calendar quarter for sales during that quarter. Royalties shall be paid by either money order or PayPal.
  3. No royalty shall be paid on paper or digital copies distributed for review, advertising, publicity, promotional purpose, samples, or other similar purposes, or on copies sold below or at cost.
  4. If Author has elected to grant Publisher the right to contract various distributors and outlets, royalties will be paid to Author contingent on payment received from distributor. In most cases distributors pay Publishers every sixty days to ninety days for sales through their channels during those time frames.
  5. The Author is responsible for paying taxes on all royalty payments received from Publisher and is advised to keep accurate records for tax purposes. A 1099misc form can be sent to the author if necessary.

Manuscript Preparation:

  1. Author shall provide an acceptable final revision of the manuscript in Microsoft Word within the time agreed upon or this contract will be void. Publisher will not be held liable for lost manuscripts. Author should always keep a backup copy.

Marketing and Promotion:

  1. The Author shall provide the Publisher with bio information, photo, and suggested blurb for use on all Publisher’s social sites. Author agrees to give Publisher the right to use Author’s name, likeness, title of work, for publishing, advertising, and promoting the work. Publisher reserves the right to edit or rewrite the blurb submitted by Author.
  2. If the cover artist provided by Phoenix Fire is not of the quality the author prefers they will be responsible for any additional costs and Phoenix Fire must approve of the cover art before the work is to be in print. If the Author has their own cover art it must be copyright free and Phoenix Fire must approve of the final cover.
  3. Author agrees to self-promote the work to the best of their ability. If Author has a social site they may use the first 10 pages of the work to post on the site or sites to give away teasers to promote the work provided it includes a link to Phoenix Fire.
  4. Publisher will send out the work for review to no less than 3 review sites. Author may request a review copy in ebook format. Authors are encouraged to solicit reviews along with the Publisher. For added promotional purposes, Publisher and Authors agree to notify each other as to what review sites submissions have been made.
  5. Publisher can provide discounted copies to Author for signings and promotions at Author’s cost and have them shipped directly to the Author.
  6. Publisher agrees to provide Author with marketing and pr services and guidance to the best of their ability. This includes pre release reviews, interviews, book trailers, and blog spots.
  7. Author can request custom swag by Publisher but will be responsible for the cost of materials, which includes; 8×10 posters, rackcards, paper bookmarks, custom charm bookmarks, purse charms, key chains, and book thongs. Material costs can be invoiced through PayPal and once made shipped directly to Author. Publisher can do these swag projects or seek out a custom designer Must Love Fangs for them; again Author will be responsible for the cost.
  8. Author agrees to keep some sort of social site available for promotion. An Author or Book Facebook page will be sufficient.

Assignment:

Phoenix Fire Publishing may at any time sell itself, or majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.

Bankruptcy: If Phoenix Fire is legally judged bankrupt or liquidates its business this contract shall be terminated effectively and all rights granted to Phoenix Fire shall be terminated.

Entire Agreement:

This contract hereby constitutes the entire agreement between the Author and Publisher and supersedes all previous agreements regarding the work whether oral or in writing. Modification of this contract may only occur in writing signed by both parties.

Title of Work: __________________________________________

Name: _________________________________________________

Pen Name if Any: _________________________________________

Street Address: ___________________________________________

City, State, Zip: __________________________________________

Phone Number: ____________________________________________

Email Address: ____________________________________________

Author’s Signature: _________________________________________

Date: ________________________________________________

PayPal Info for Payments: _____________________________________

Phoenix Fire Signatures:

Tabetha Jones/Owner: __________________________________

Date: ____________________________________________

Eric Henley/Owner: ________________________________

Date: _____________________________________________

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41 comments on “phoenix fire publishing contract

  1. Rusty
    February 5, 2013

    Lousy contract. It’s too vague in some places, and highly unfavorable to the author in others. What s up with claiming publishing rights for technologies that have yet to be invented? No wonder Beth refused to sign it.

  2. Lepplady
    February 5, 2013

    What a crock. Or, should I say crook. I see that the Createspace fee has jumped from 35 to 42, even though a Createspace account is free and expanded distributorship is $25. What a rip off! And that’s just one among many.

    This whoe “contract” is geared toward allowing the “publisher” to rip authors off, and make the victim think they have no rights.

    No author should sign this. Not one interested in having a writing career. That line about “Phoenix Fire approved editors” alone should be enough to make any writer run for the hills. Tabetha can’t string together a sentence herself, let along properly edit a book.

    Run, people. Don’t walk. Run.

  3. cussedness
    February 5, 2013

    i left a message on Tabs’ answering machine along with my call back number. This ought to be interesting.

  4. Lepplady
    February 5, 2013

    How long before cries of “harassment!” stary up.

  5. Rusty
    February 5, 2013

    Kinda hard for someone who keeps telling people to “contact me” to claim harassment when they attempt to comply. On the other hand, I’m inclined to think Tabetha will ignore the call, other than to claim she’s “saved it for evidence,” or some such nonsense.

  6. cussedness
    February 5, 2013

    It was a really short message just, ‘This is Janrae. We need to talk. Call me.” and my number

  7. InTheKnow
    February 5, 2013

    These lines were in the MP contract as well. It obviously says that if MP were SOLD, then the contracts will carry over to the new company…MP wasn’t sold, it went out of business, which would more closely resemble “bankruptcy,” now wouldn’t it? Beth’s MP contract doesn’t carry over. MP was not sold.

  8. InTheKnow
    February 5, 2013

    The lines I”m referring to are:

    Phoenix Fire Publishing may at any time sell itself, or majority of itself, its holdings, or licenses. Current contracts would transfer to the new owner.

    Bankruptcy: If Phoenix Fire is legally judged bankrupt or liquidates its business this contract shall be terminated effectively and all rights granted to Phoenix Fire shall be terminated.

  9. InTheKnow
    February 5, 2013

    Not only that, but in the “official email” of the closing of MP, it says that all rights revert back to the owner. Janrae, Beth’s rights are hers. I’m guessing you already know that, though. 😉

  10. cussedness
    February 5, 2013

    I put my money on it. 🙂 Beth is safe. She blocked Tabs on fb so completely there’s no way for her to go after Beth there. And if she emails Beth, I’ll be the one answering.

  11. cussedness
    February 5, 2013

    What do you all think? Should I put the Mystic contract up also?

  12. Lepplady
    February 5, 2013

    That one’s even crappier, but left an author with some wiggle room. Like saying an author has thirty days to reply, instead of Tabetha’s impossible demands of getting a reply by the next day, or having an author complete a rewrite within two days (even though her “editors” are supposed to do that. With that 30 day stipulation gone, Tabetha can cry “breach!” and be perfectly justified in keeping the author’s money and book rights and providing no satisfactory product. That’s one of the built in traps of the contract.
    Bot of them are crap, but it would be worth seeing them side by side so the whole world can see how much more self-serving the new one is. And that she puts a different address on each one she sends out. Doesn’t want anybody to know where she really lives, I guess, so that nobody can have her served.

    Question, though. If the publisher knowingly puts false information on a contract, doesn’t that nullify it? I mean, if her business isn’t really physically located at the address she puts on the contract, can’t the authors just walk away and tell her to pork herself?

    And doesn’t that constitute fraud?

  13. Rusty
    February 5, 2013

    Sure. Go ahead and post the Mystic contract for comparison purposes.

  14. Tabetha Jones
    February 5, 2013

    Had an interesting conversation with Janrae Frank or our dear Cussy, who after getting the info she obviously didnt like decided to hang up on me. Then had someone else in the household cover for her and go down a long list of insults. For someone who prides herself on being so professional in this business doesnt have a lick of it in her neither do her associates. As for the way Phoenix Fire runs, unless you are a signed author it is none of your business. The contract that is up I dont remember giving permission for that to be up. When at each turn you were proven wrong you decided to hang up on me just as a mad child would do. Now I was trying to settle things politely and make a peaceable agreement regarding Beth. You say that you have access to my group and saw that I stated for a fact that Beth was the rat, I would like to know how you have access to a private group unless you are hacking into my personal business which is illegal.

    I would also like to state that isnt obvious who has been ‘sleeping’ with the enemy so to speak. The conversations between Beth , Eric, and I happened just a few hours earlier before I received an email at 1:08 am in the morning that she had signed with you. Beth was never threatened simply told what needed to happened if she wanted her 2 titles to be released and rights given back.

    You want to call me a vanity press, fine, you wan to call my writing trash fine, you wan to insult me as being trashy, or a slut, fine. You want to accuse me of having to show cleavage to sell books fine. But At the end of the day, myself and my authors all know the truth. I have a huge support team, growing fan base, and a group of authors that work so close together to help each other that it is amazing.

    Now you want this all to end I assume? Then simply move on. Have Beth sign the release form, I will dismiss the fees, upon receipt of signed release form. Also froim here on out, I do not want to see my name or my companys name on this blog period.

    You have your company I have mine. Just as you wouldnt want me snooping around in your company I dont appreciate you snooping in mine. So let this be the end. I will email Beth the release form, she signs sends back its over, but Cussy I want a written agreement after Beth returns her form that this ends. PERIOD. My signature will be on it as well.

    You have company to run so run quit chasing after my coattails and quick worrying about what happens to myself of Phoenix Fire.

  15. cussedness
    February 5, 2013

    Tabs phone number comes up as belonging to a relative of hers. Do check out the post I have up on fb about talking to tabs.

  16. cussedness
    February 5, 2013

    okay, Beth does not sign the release. She forwards it to me (assuming you even sent it) and I read it first. If I think the deal is fair, she can sign it. If I think it’s not, she doesn’t. If that upsets you, Tabs, *shrug* ehh? So who cares?

  17. Tarantia
    February 5, 2013

    This contract makes Blu Phi’er seem legit.

  18. Amanda
    February 5, 2013

    I personally love how she is trying to attach stipulations that she not be mentioned on this blog again. Guess she figures “letting Beth go” is worth you not informing anyone else about her past and future misdeeds.

  19. Tarantia
    February 5, 2013

    Also, I do believe Tab’s comment deserves a blog entry all of its own.

  20. Rusty
    February 5, 2013

    Why should Beth sign a form to release her from a contract that doesn’t exist?

  21. cussedness
    February 5, 2013

    there’s a lot of stuff there that does not make sense. I had Tim listening in from Skype. I had put the mic on the speaker of the speakerphone. And Nat was sitting here with me for most of it. Tabs talked in circles, trying the same old shills over and over again until I became bored as hell. So I hung up on her. Then tabs called back almost immmediately and Nat decided to pick up the phone. Nat asked me if it was okay if “I fuck with her.” And I said , “Sure.”

    And I never said I had an in to her lil group. That’s ridiculous. I think that Tabs hears what she wants to hear and ignores what ever else people say.

  22. cussedness
    February 5, 2013

    It’s like she’s trying to hold Beth for ransom.

  23. Rusty
    February 5, 2013

    I bet Nat had fun. Good for her.

  24. Lepplady
    February 5, 2013

    Good, lord, does she really believe her own bullshit? Because if she does, there are lots of pretty little pills for that. I’ve never seen anybody so doggedly delusional in my life. And trust me. I’ve seen a few.

    I just love how she never fails to tell us to “Move on” when her lies are made blatant and she’s got no other recourse. Maybe she should “move on” to some other business she doesn’t such at so much – if such a thing even exists.

  25. Beth
    February 6, 2013

    Nice to know I am a rat for excepting another publisher’s offer. Who gladly guaranteed less stress and is not asking me for anything. Plus, I signed the contract for Mystic Press not Phoenix, and as you can see on the contracts they both state at the bottom of them….This contract hereby constitutes the entire agreement between the Author and Publisher and supersedes all previous agreements regarding the work whether oral or in writing. Modification of this contract may only occur in writing signed by both parties. The Mystic letter of closer also stated all rights for the books were giving back to the author once it closed. Well you say the contracts just magically turned into Phoenix contracts without me signing a Phoenix contract. If that is the case, why did you keep asking me to sign a Phoenix contract???

    I never signed Phoenix’s contract because: I have been asking nicely, since Mystic closed, when will I be paid for what was sold when Mystic was open. Always you kept telling me I have to check to see how much you sold and then I will let you know. First time I asked was after Mystic closed, yet the same answer up until recently when you finally tell me….You have a little over $7.00 made on Kindle/createspace….Since August of 2012???? OMG, I should have kept them on my self-pub accounts because I made more off of them while I was self-publishing them for that short time before you took them back. Why should I sign another contract when I never got anything from the last one?

    Another thing, your price on how much you spent to have my books published keeps changing. -.- Why? The covers you are charging for are $20.00, the createspace is around $35.00, and you told me yourself…you do the editing. So why are you saying it cost around $500.00 to publish my book?

    Also, I only signed a contract for Desire and Fate with Mystic Press. The Devil’s Pet Kitten never had a contract. How can facebook messages be used against someone in court for something like this? It can’t, you need proof for court, which in a publishers case would be a signed contract for the company you are saying you are, not one from a closed company.

    Also, you say the company is not making money off of the anthologies. That is NOT TRUE, you are one of the authors in the anthologies, so you (aka the publisher) are making money of the anthologies.

    I never talked, nor did I even know Cussedness till Saturday, after you had me crying my eyes out because of you threatening to keep the rights to my books. A friend of mine begged me to talk to Cussedness on facebook, I accepted to talk to her and now I am glad I did. Now I have a publisher who doesn’t expect any money for anything and will be paying me. How do I know she isn’t going to screw me over money wise? Because she already gave me an advance for my books. That’s enough proof for me.

    No threats just business you say. How is saying, “things could get nasty”, to a person not a threat? How is saying, “and it is in your best interest to remove that post”. How are things like that not a threat??? I will not copy and paste messages from facebook. I am not going to do that, but seriously, Tab I never lied to you and I backed you up when you asked. Yet, I never received proof of how my books were/are doing and no money to back up what you kept saying, “they are selling nicely”.

    I really did think of you as a close friend. I cried my eyes out to the point they became sore from crying. I never wanted it to end up like this. I never screwed you or the publishing company over, not to anyone. But you wanted to hurt me when all I did was tell you nicely I couldn’t take it anymore. I am not a robot to be used and left out with the trash. 😦 I really enjoyed being your friend and you and Eric hurt me badly with the things you said. 😦

  26. cussedness
    February 6, 2013

    Beth, you show a lot of raw courage in posting this. And, Rusty, yes, Nat did enjoy herself. She told Tabs that she was the gas station attendant next door, whom I had called in just to take the second call. Then politely (for Nat) asked Tabs if someone had dropped her on her head recently.

  27. Ramsey Campbell
    February 6, 2013

    I assume HWA and SFWA have been alerted to Ms Jones’ contracts and her behaviour?

  28. cussedness
    February 6, 2013

    not so far, Ramsey. Would you do the honors?

  29. Ramsey Campbell
    February 6, 2013

    I’m not in SFWA, but leave HWA to me!

  30. cussedness
    February 6, 2013

    It’s all yours, Ramsey. And I’ve brought the contract to the attention of Victoria Strauss. That should take care of SFWA

  31. SirOtter
    February 7, 2013

    Somebody ought to tell Tabetha that when you’re already in a deep hole, the first thing you do is quit digging.

  32. MikeBrendan
    February 7, 2013

    Tabby, how do you expect to be considered a professional, let alone a writer or editor, when you act like a child and your writing is fraught with errors?

    No, I do believe you’re a fraud. Unless that contract is legally recognized as proprietary documentation — and somehow I doubt it would even with your vaporous lawyer — you don’t have a leg to stand on.

    The only person wrong here is you. Reality once again proves you wrong.

  33. Lepplady
    February 7, 2013

    Give her a second while she goes and looks those bigger words up. Then Another day or two to TRY to come up with a reasonably intelligent answer.

    Personally, I don’t think it can be done. Not by her.

  34. angelgates
    February 8, 2013

    Isn’t this false advertisement???? Especially since I am not with their publishing company anymore???
    http://phoenixfirepublishing.blogspot.com/p/twenty-desires-of-vamps.html

  35. Lepplady
    February 9, 2013

    That thieving heffa is guilty of so many crimes, I’m amazed that nobody’s taken her down yet on ’em.

    Yes. That is false advertising. It also infringes upon your intellectual rights left, right and center. It’s theft and I hope you get her busted on it.

  36. Lepplady
    February 9, 2013

    The image they’ve got on the front of that thing is ridiculous. You could drive a Buick through the holes in her neck, and the blood on his face is smeared. Her neck isn’t. Piss poor, if you ask me.

  37. Amanda
    February 9, 2013

    She must have changed it very quickly after it was mentioned here.

  38. Rusty
    February 10, 2013

    Cover Art Coming Soon…..

    LOL

  39. cussedness
    February 10, 2013

    She’s changing the cover art?

  40. Amanda
    February 10, 2013

    Yeah, didn’t you know? Our collective opinions have no effect on her. lol

  41. Lepplady
    February 11, 2013

    Must not. She just uploaded that ridiculous picture to PF’s cover photos.
    Just one more reason for her to be a laughing stock.

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